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Gordon B. v. Gomez
Court that denies motion to renew restraining order for failure to show further significant abuse errs where renewal is appropriate if and only if preponderance of evidence shows 'reasonable apprehension' of future abuse. 		Civil Procedure 2DCA/1 Apr. 13, 2018
People v. Watts
Trial court abuses its discretion by applying more exacting standard, from different Penal Code statute, to defendant's new trial motion. 		Criminal Law and Procedure 2DCA/1 Apr. 13, 2018
City and County of San Francisco v. Post
Fair Employment and Housing Act does not preempt a local housing ordinance to the extent the local ordinance outlaws discrimination based on a tenant's participation in the Section 8 rental subsidy program. 		statutory_interpretation 1DCA/2 Apr. 13, 2018
Modification: People v. Contreras
'Graham's' proscription on life-without-parole for juvenile nonhomicide offenders requires reconsideration of 50+ year sentences for 16-year-olds convicted of kidnapping and rape. 		Criminal Law and Procedure 4DCA/1 Apr. 13, 2018
Smith v. City and County of Honolulu
Testimony by lay witness that was not objected to and unsupported statements made by defense counsel during closing arguments that do not sway jury do not result in plain error. 		Civil Procedure 9th Apr. 13, 2018
Rodriguez v. Jennings
Order 		9th Apr. 13, 2018
Squire v. County of Los Angeles
Written reprimands issued by Sheriff's Department in response to formal grievance process are not subject to PROBA one-year statute of limitations period where initiation of grievance procedure is not subject to limitations period. 		Civil Procedure 2DCA/2 Apr. 12, 2018
In re Carlos J.
Where 'substantial evidence' does not demonstrate juvenile commitment will result in 'probable benefit,' must be overturned. 		Juveniles 1DCA/5 Apr. 12, 2018
Modification: People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Apr. 12, 2018
In re S.K.
Where social services office made numerous attempts to locate family members for possible placement prior to dispositional hearing, court did not err in assuming jurisdiction. 		Juveniles 4DCA/2 Apr. 12, 2018
Somers v. Digital Realty Trust Inc.
Order 		9th Apr. 12, 2018
Franceschi v. Yee
Judgment denying constitutionality of California Business and Professions Code Section 494.5 for deprivation of procedural due process rights affirmed where state provides tax delinquents with constitutional procedure to challenge amount of delinquency. 		Tax 9th Apr. 12, 2018
People v. Lopez
Where defendant appears to have no improper motive, request to retain new counsel, even after case was ongoing for two years prior to trial, should have been granted. 		Criminal Law and Procedure 1DCA/1 Apr. 12, 2018
In re Cresta Technology Corporation
Transfer of ordinary check occurs when debtor's bank honors check and not when check is delivered. 		Bankruptcy BAP Apr. 11, 2018
In re M.H.
Court faced with two good options for minor's placement does not abuse its discretion in deciding that minor's continued placement with foster family is in minor's best interests. 		Juveniles 1DCA/3 Apr. 10, 2018
In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure. 		Civil Procedure 9th Apr. 10, 2018
Garcia-Martinez v. Sessions
Theft convictions subject to BIA's former rule that theft is crime of moral turpitude if and only if it is committed with intent to permanently deprive owner of property where new BIA rule is inapplicable to case. 		Immigration 9th Apr. 10, 2018
Rizo v. Yovino
Employee's prior salary does not constitute 'factor other than sex' upon which wage differential may be based, under Equal Pay Act. 		Employment Law 9th Apr. 10, 2018
Friends of the Santa Clara River v. U.S. Army Corps of Engineers
A court cannot interject itself within the area of discretion of a governmental agency as to the choice of action taken, since that determination belongs to the agency's expertise. 		Environmental Law 9th Apr. 10, 2018
People v. Barboza
Proposition 57, which abolishes 'direct filing of criminal charges of juveniles in adult criminal court,' does not apply retroactively to defendant with final judgment. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2018
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. 		Criminal Law and Procedure 2DCA/6 Apr. 10, 2018
People v. Beatty
Jurisdiction proper against criminal defendant where 'preliminary arrangements' for crimes take place in prosecuting forum, whether or not crime's culmination occurs there. 		Criminal Law and Procedure 3DCA Apr. 9, 2018
Amended Opinion: Demaree v. Pederson
Qualified Immunity does not protect a government official when they violate an established right a reasonable person would know. 		Qualified Immunity 9th Apr. 9, 2018
Gomez-Sanchez v. Sessions
Blanket rule against considering mental health of individual petitioning for withholding of removal not entitled to 'Chevron' deference because Congress' intent clear that such petitions should be considered on a case-by-case basis. 		Immigration 9th Apr. 9, 2018
Modification: Ralphs Grocery Company v. Victory Consultants, Inc. et al.
Collecting petition signatures while trespassing on private property immediately adjacent to grocery entryway is not constitutionally protected activity. 		Constitutional Law 4DCA/1 Apr. 9, 2018
Garcia v. Mercedes-Benz USA
Trial court does not err in denying fees award to malfunctioning car buyer as prevailing party, as confidential settlement made it uncertain if plaintiff achieved litigation goal. 		Civil Procedure 2DCA/2 Apr. 6, 2018
U.S. v. Gilmore
Prohibition on Department of Justice's use of appropriated funds to prevent state laws authorizing use, distribution, possession, or cultivation of medical marijuana does not prohibit prosecution of defendants who cultivate marijuana on federal land. 		Criminal Law and Procedure 9th Apr. 6, 2018
Modification: 1901 First Street Owner v. Tustin Unified School District
Lower court did not err in ruling that assessable space - for purposes of calculating school impact fees imposed on a developer - is meant to include footage outside individual apartments, such as common areas, like fitness centers and interior hallways. 		statutory_interpretation 4DCA/3 Apr. 6, 2018
Deutsche Bank Trust Company Americas v. Robert R. McCormick Foundation
Order 		USSC Apr. 5, 2018
Amended Opinion: Jones v. Royal Administration Services Inc.
Company cannot be held vicariously liable for telemarketers' Telephone Consumer Protection Act violations because telemarketers were not its agents, but were independent contractors. 		Consumer Law 9th Apr. 5, 2018
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